ORS 125.221
Conflicts of interest


(1)

A fiduciary may employ a person in which the fiduciary has a pecuniary or financial interest only after disclosing the nature of the interest to the court if the person is employed for the purpose of providing direct services to the protected person or for the purpose of providing services to the fiduciary that directly affect the protected person. Before the person is employed, the fiduciary must provide the court with the following:

(a)

A full and accurate disclosure of the pecuniary or financial interest of the fiduciary in the person.

(b)

A full and accurate disclosure of the services to be performed by the person.

(c)

A full and accurate disclosure of the anticipated costs to the estate in using the person to provide the services.

(2)

In addition to the disclosures required by subsection (1) of this section, after making such inquiry as the court deems appropriate, the court may require additional disclosures for the purpose of assessing whether the pecuniary or financial interest of the fiduciary could compromise or otherwise affect decisions made by the fiduciary in carrying out the duties of the fiduciary.

(3)

The continuing authority of a court over protective proceedings under ORS 125.025 (Authority of the court in protective proceedings) includes the authority to supervise and inquire into:

(a)

Whether the fiduciary by employing a person in which the fiduciary has a pecuniary or financial interest is acting reasonably to accomplish the purposes for which the fiduciary was appointed.

(b)

Whether the employment of the person by the fiduciary is necessary to provide the services efficiently and effectively.

(c)

The extent that the pecuniary or financial interest of the person employed by the fiduciary could compromise or otherwise affect the decisions made by the fiduciary in carrying out the duties of the fiduciary.

(4)

In addition to the disclosures required by subsections (1) and (2) of this section, prior court approval is required for payment of compensation to a person who is the spouse, parent or child of the fiduciary or to a business entity in which the spouse, parent or child of the fiduciary has an ownership interest and that is employed by the fiduciary to provide direct services to a protected person or to provide services to the fiduciary that directly affect the protected person. The fiduciary must provide the court with the following information:

(a)

The specific services to be provided;

(b)

The qualifications of the person providing the services;

(c)

The rate of compensation charged by the person; and

(d)

Any other information relevant to either the person providing the services or the services being provided to the protected person, including, but not limited to, loss of a professional license or a criminal conviction.

(5)

The court may not approve any fees or expenses requested by the fiduciary to the extent that the combined fees of the fiduciary and the person employed by the fiduciary under this section exceed the amount the court finds would have been appropriate for payment to the fiduciary if the fiduciary had provided the services alone.

(6)

A fiduciary has a pecuniary or financial interest in another person for the purposes of this section if the fiduciary, or any person related to, employed by or affiliated with the fiduciary has:

(a)

Any direct or indirect ownership interest in the person;

(b)

A business association with the person; or

(c)

Any financial involvement with the person.

(7)

A fiduciary has a pecuniary or financial interest in another person for the purposes of this section if the fiduciary, or any person related to, employed by or affiliated with the fiduciary, receives remuneration or any other financial benefit from the person, without regard to whether that remuneration or benefit is directly tied to the services provided to the fiduciary or protected person.

(8)

In addition to the grounds specified in subsections (6) and (7) of this section, a fiduciary has a pecuniary or financial interest in another person for the purposes of this section if the relationship between the fiduciary and other person is such that the relationship could compromise or otherwise affect decisions made by the fiduciary in carrying out the duties of the fiduciary.

(9)

A fiduciary employs a person for the purposes of this section whether the person is engaged as an employee or as an independent contractor. [1999 c.774 §2 (enacted in lieu of 125.220); 2003 c.392 §1]

Source: Section 125.221 — Conflicts of interest, https://www.­oregonlegislature.­gov/bills_laws/ors/ors125.­html.

125.005
Definitions
125.010
Protective proceedings
125.012
Petition for protective order
125.015
Jurisdiction of protective proceedings
125.020
Venue for protective proceedings
125.025
Authority of the court in protective proceedings
125.030
Use of limited judgment in protective proceedings
125.035
Reports to Legislative Assembly regarding protective proceedings
125.050
Application of ORCP and Oregon Evidence Code
125.055
Petitions in protective proceedings
125.060
Who must be given notice
125.065
Manner of giving notice
125.070
Contents of notice
125.075
Presentation of objections
125.080
Hearing
125.082
Notice of appointment
125.085
Motions after appointment of a fiduciary
125.090
Termination of proceedings
125.095
Fees, costs and disbursements payable in protective proceedings
125.098
Factors in determining award of attorney fees
125.120
Protected person special advocate
125.150
Appointment of visitors
125.155
Visitor’s report
125.160
Subsequent appointment of visitor
125.165
Qualifications and standards for visitors
125.170
Payment and reimbursement for visitor services
125.200
Preferences in appointing fiduciary
125.205
Persons not qualified to act as fiduciary
125.210
Circumstances requiring notice to court
125.215
Acceptance of appointment as fiduciary
125.221
Conflicts of interest
125.225
Removal of fiduciary
125.230
Termination of fiduciary’s authority
125.235
Liability of fiduciary
125.240
Professional fiduciaries
125.242
Exemptions for financial institutions and trust companies
125.300
In general
125.305
Order of appointment
125.310
Letters of guardianship
125.315
General powers and duties of guardian
125.320
Limitations on guardian
125.323
Limits on association
125.325
Guardian’s report
125.330
Limitations on guardian appointed for person committed to custody of Department of Corrections
125.400
Order of appointment
125.405
Letters of conservatorship
125.410
Conservator’s bond
125.415
Termination of bond by surety
125.420
Power of conservator over property of protected person
125.425
Powers of conservator to pay expenses of protected person and dependents
125.430
Sale of protected person’s residence
125.435
Power of conservator to make gifts
125.440
Acts conservator may perform only with court approval
125.445
Acts authorized to be performed without prior court approval
125.450
Voidable transactions
125.455
Power of competent protected person over estate
125.460
Consideration of estate plan of protected person
125.465
Discovery of property
125.470
Filing of inventory required
125.475
Conservator’s accounting to court
125.480
Approval of accounting
125.485
Liability of conservator
125.490
Status of persons dealing with conservator
125.495
Payment of claims against estate or protected person
125.500
Enforcement of claim against estate or protected person
125.505
Notice of claim to conservator
125.510
Procedure where claim disallowed
125.515
Effect of presentation of claim on statute of limitations
125.520
Order of payment of expenses and claims
125.525
Termination of conservatorship
125.530
Powers and duties of conservator on death of protected person
125.535
Disposition of small estate
125.540
Payment of debt and delivery of property to foreign conservator
125.600
In general
125.605
Procedure for appointment of temporary fiduciary
125.610
Report of temporary fiduciary
125.650
Other protective orders
125.675
Definitions
125.678
Appointment
125.680
Duties of Oregon Public Guardian and Conservator
125.681
Authority to require fingerprints of employees, volunteers or contractors
125.683
Needs assessment
125.685
Deputy public guardian and conservator
125.687
Limitations of court on appointment of Oregon Public Guardian and Conservator
125.689
Oregon Public Guardian and Conservator Fund
125.691
Oregon Public Guardian and Conservator Protected Person Trust Account
125.693
High-risk teams
125.694
Confidentiality
125.700
Office of county public guardian and conservator
125.705
Effect of vacancy in office of county public guardian and conservator
125.710
Powers and duties of county public guardian and conservator
125.715
Bond
125.720
Deposit of funds
125.725
Reimbursement of county public guardian and conservator’s expenses from estate of ward or protected person
125.730
Fees prohibited
125.800
Short title
125.802
Definitions
125.805
International application
125.807
Communication between courts
125.810
Cooperation between courts
125.812
Taking testimony in another state
125.815
Definitions
125.817
Exclusive basis
125.820
Jurisdiction
125.822
Special jurisdiction
125.825
Exclusive and continuing jurisdiction
125.827
Appropriate forum
125.830
Jurisdiction declined by reason of conduct
125.832
Notice of proceeding
125.835
Proceedings in more than one state
125.837
Transfer of guardianship or conservatorship to another state
125.840
Accepting guardianship or conservatorship transferred from another state
125.842
Registration of guardianship orders
125.845
Registration of conservatorship orders
125.847
Effect of registration
125.850
Uniformity of application and construction
125.852
Relation to Electronic Signatures in Global and National Commerce Act
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